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McMORROW v. DIME SAVINGS BANK OF WILLIAMSBURGH

48 A.D.3d 646 (2008)

852 N.Y.S.2d 345

CHARLES F. McMORROW, Appellant, v. DIME SAVINGS BANK OF WILLIAMSBURGH et al., Defendants, and SANDERS, GUTMAN & BRODIE, P.C., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 19, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

Following the plaintiff's default in paying the mortgage on his Brooklyn property, the defendant Dime Savings Bank of Williamsburgh (hereinafter Dime) successfully commenced a mortgage foreclosure action against him. The plaintiff eventually paid off the amounts owed by selling the premises to a third party. Claiming that he overpaid certain penalty interest and counsel fees, the plaintiff thereafter...

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